I don’t think such a suit is possible. There’s doctor-patient confidentiality, and the fact that you can’t arrest someone for their thoughts, no matter how disturbed. If he warned the right people, that’s all anyone can do. And anyway, liberals have made it impossible to commit someone to an insanity ward. I drive all the time past the place where “One Flew Over the Coocoo’s Nest” was filmed. It’s empty. All the nuts are wandering the streets now.

6
posted on 01/17/2013 6:46:50 PM PST
by Telepathic Intruder
(Common sense is the first casualty of a depraved mind.)

I believe the doc works for the University...so there are hundreds of millions at stake here. I’m guessing that they will dissolve mental health offerings to the students in the future because they really can’t afford to ever encounter another event like this.

Most colleges will watch, and learn. You can figure that unless the state itself offers mental health...no one much is going to volunteer much of anything.

Personally, I would suspect that 250k people in the US need to be put into an institution immediately, and at least another 250k need long-term review. But, that’s not something that will ever happen. The crazies need to walk among us.

In recent months I have heard many professionals on various talk shows describe how hard it is to get someone committed. The liberals have screwed that up to the point where it is almost impossible until violent crimes are committed. They can hold them for a day or so then have to release them. We can thank the liberals for this problem as well as the homeless problem.

The "Duty to warn" arises when a patient makes a credible threat against a specific individual or himself. "Wanting to kill a lot of people" most likely will not qualify as invoking this duty.

If he had said for example that he had just flunked biology, and wanted to kill his biology professor, that would require the doctor to warn the professor and notify the authorities and notify the patient that she was doing so.

Things like this mass shooting are unpredictable at this stage in our knowledge and the false positives are way to high to begin restraining people for what most of the time is an idle expression of anger or resentment.

Personally, I would suspect that 250k people in the US need to be put into an institution immediately, and at least another 250k need long-term review. But, thats not something that will ever happen. The crazies need to walk among us.

Sad but true. I used to volunteer at our church to help out "needy" and homeless people. Most were mentally ill liars. Mean too, some threatening us if we didn't help them.

18
posted on 01/17/2013 7:13:19 PM PST
by Inyo-Mono
(My greatest fear is that when I'm gone my wife will sell my guns for what I told her I paid for them)

>>And anyway, liberals have made it impossible to commit someone to an insanity ward. I drive all the time past the place where One Flew Over the Coocoos Nest was filmed. Its empty. All the nuts are wandering the streets now.

Worth saying again.

Also worth saying, on the other hand, I’m not sure I’d want it to be too easy to have someone committed. Leftists would use it against political enemies.

This issue is covered by law (Tarasoff) and in this case given what we know so far, it does not rise to the level of "Duty to Warn" on the part of the doctor. If the police had wanted to they could have committed Holmes for psych evaluation on their own authority. But they didn't. "Doctor-patient privilege" is the same as lawyer-client privilege and the requirements for violating that privilege are specific and strict. They didn't happen here.

Very well. But to report and arrest are different things. Threats have been made against me, and there’s no legal action I could have taken. Someone once walked into my dad’s office and said he was going to kill him next time he came back. The cops said there was nothing they could do. Fortunately, the guy never came back. This just sounds like a lawyer trying to make money by spinning useless accusations in court. Nothing will come of it, likely.

33
posted on 01/17/2013 11:00:04 PM PST
by Telepathic Intruder
(Common sense is the first casualty of a depraved mind.)

Theres doctor-patient confidentiality, and the fact that you cant arrest someone for their thoughts, no matter how disturbed.....Bohannon had a psychiatrist on just last night that said it IS a duty of Psychs. to report anyone who is an imminent threat and it happens often. That Dr./ patient confidentiality does not apply to shootings, dog bites, stabbings, spouse abusal or any number of injuries. It has recently been argued that Dr.s couldn’t report AIDS patient because that villified a homosexual part of society. The following quote is from ‘enotes.com’:In recent years, many courts have held that doctors also owe duties to protect non-patients who may be harmed by patients. For example, without a patient’s permission or knowledge, doctors may warn others or the police if the patient is mentally unstable, potentially violent, or has threatened a specific person. In some states, the duty to report or warn others “trumps” the right to confidentiality or privileged communication with a doctor. Courts will decide these matters by balancing the sanctity of the confidentiality against the foreseeability of harm to a third party.

I know a man who had his first wife committed. There was nothing wrong with her other than that she wasn’t sufficiently “obedient.” He tried to do the same thing to his second wife, but didn’t get away with it. He’s now married to a third woman. I wonder how long before he tries to have her committed.

37
posted on 01/19/2013 6:15:42 AM PST
by generally
(Don't be stupid. We have politicians for that.)

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